- 7 - Petitioner asks the Court to postpone entry of decision until: (1) An extension of time to pay petitioner's Federal estate tax under section 6161(a) is no longer in effect and appeal of respondent's denial of an extension is final, or (2) petitioner pays estate tax and interest it owes, whichever is earlier. Petitioner contends this situation is analogous to that in Estate of Bailly v. Commissioner, supra. Respondent contends: (1) This case is not like Estate of Bailly because no extension of time to pay tax is now in effect; (2) granting petitioner's motion would prevent respondent from reviewing the facts and circumstances to determine whether a hardship under section 6161 is present; and (3) Congress considered section 6161(a) when enacting section 7481(d), but did not provide a remedy for petitioner's situation. Respondent points out that if we delay entry of decision, petitioner can deduct interest, the deduction of which would otherwise be precluded by entry of decision under section 6512(a). Neither party questions the Court's power to postpone entry of decision in this case. 1. Effect of the Fact That Petitioner's Request to Continue To Defer Tax Under Section 6161 Is Pending With The Commissioner Respondent contends this situation is unlike that in Estate of Bailly v. Commissioner, supra, because no extension of time to pay tax under section 6161(a) is now in effect. We disagree.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011